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El-Sirry: Jurnal Hukum Islam dan Sosial
Published by Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan
ISSN : -     EISSN : 30476364     DOI : 10.24952/ejhis
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
El-SIRRY: Jurnal Hukum Islam dan Sosial is a high-quality open access peer-reviewed research journal published by the Pascasarjana Program Studi Hukum Keluarga Islam Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan Aiming to communicate original research and relevant current issues, this journal regularly publishes articles and research reports twice a year every June and December. It focuses on the issue of study Contemporary Islamic Law practices in Indonesia, Southeast Asia, and Global Perspective by multidisciplinary approach. This Journal specializes in studying the theory and practice of various topics are Islamic family law, Islamic criminal law, Islamic constitutional law, Islamic private law, sharia economic law, human rights law, customary law, and environmental law, in the framework of Indonesian legal studies and global context. This journal warmly welcomes contributions from scholars with related disciplines. Novelty and recency of issues, however, are the priority in publishing
Arjuna Subject : Ilmu Sosial - Hukum
Articles 48 Documents
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TALA’AH AYAT DAN HADIST TENTANG POLIGAMI Keskarnain, Keskarnain
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 1, No 2 (2023)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v1i2.10474

Abstract

The philosophy of Islamic law is knowledge about the essence, secrets, and objectives of Islamic law, both regarding its material and the process of its determination, or the philosophy used to transmit, strengthen, and maintain Islamic law so that it is by the aims and objectives of Allah establishing it on earth, namely to the welfare of humanity as a whole. The aim/use of Islamic Legal Philosophy is to make Islamic law a non-dry source of law for world legislation and provide a basis for legal politics. This means applying Islamic law to achieve its goal, which is closest to the benefit of humanity and avoids damage. 
CARI PARANDUAK DALAM PERSPEKTIF HUKUM ISLAM (Sebuah Tradisi di Kabupaten Solok Sumatera Barat) Sobhan, Sobhan; Hamro, Ustini
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 1, No 2 (2023)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v1i2.9644

Abstract

Another fish is different, according to a quote from an Indonesian proverb that describes the diversity of tribes and customs in society. In the hundreds of ethnic groups in Indonesia, of course, there are as many customs; some have a correlation with one another, and some do not correlate at all. Some even tend to conflict with each other. In this regard, this article will try to explain the existence of the Cari Paranduak tradition of the community in Nagari Sungai Nanam, Solok Regency, which is a cultural treasure of the nation and deserves to be known, as well as look at it from the perspective of Islamic law. This research is qualitative research by collecting data from the field and in-depth interviews with informants. The informants for this research were five Datuak Nagari Sungai Nanam people. Those were selected using a purposive sampling technique. This research will explain the origins of the cari paranduak tradition in Nagari Sungai Nanam, its implementation, and the view of Islamic law towards the cari paranduak tradition in Nagari Sungai Nanam, Solok Regency. Based on the research results, it has implications for strengthening Minangkabau customs with the ABS-SBK philosophy (Adat Basandi Syarak, Syarak Basandi Kitabullah), in all matters, especially in the Cari Paranduak tradition.
NALAR AYAT DAN HADITS TENTANG THALAQ DAN PROBLEMATIKA DENGAN THALAQ DI HADAPAN HAKIM Shabri, Abdurrahman
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 1, No 1 (2023)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v1i1.9593

Abstract

The requirement for a reason for divorce as applied in Indonesia is in accordance with the contents of Surah al-Nisa' (4): 34-35 by using the letter wawu ataf in dalalat al-tartib (showing sequentially), not li mutlaq al-jam'i or li al-mai'yah (together). Therefore, a husband should not immediately say the words talaq to his wife, for example saying "anti-taaliq", but there must be stages that go through and the reasons underlying the talaq. The provisions of the law which require witnesses to pronounce the divorce vow are in accordance with the amar rule in the pronunciation of wa ashidu dhaway adlin by placing the main rule of amar (command) in obligatory and using marji' (reverse place) not the aw fariquhun pronunciation, but returning the fa pronunciation thalliquuhun. In the case of waw ataf it is equated with the rule of condition; so that the terms/ataf apply again to the entire amount, not just to the last amount (sentence). 
An Analysis of Islamic Law on the Factors of Breaking the Marriage Bond Hasibuan, Nahar; Asridiyani, Asridiyani
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 2, No 2 (2024)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v2i2.13476

Abstract

This study aims to analyze the factors that cause the breakup of marriage ties in the perspective of Islamic law. The focus of this research is to examine the types of divorce regulated in Islamic jurisprudence, such as identifying internal and external factors that contribute to the breakup of marital relationships. This study uses a qualitative approach with descriptive analysis methods and literature studies. Primary data are drawn from classical and contemporary fiqh literature, while secondary data include jurisprudence studies, marriage laws in Muslim-majority countries, as well as previous research on the topic. The results of the study show that the factors that cause the breakup of marriage bonds in Islamic law include differences in principles between husband and wife, unresolved conflicts, domestic violence, and violations of marital obligations such as alimony or fidelity. External factors such as the influence of the modern social and cultural environment also play a role in increasing the divorce rate. From the perspective of Islamic law, the solution to overcome the breakdown of marriage lies in the emphasis on the mediation and deliberation process, as well as preventive efforts through pre-marital education. This study provides suggestions for future researchers to conduct a more in-depth analysis of the implementation of Islamic law in the context of divorce in countries with pluralistic legal systems
A Review of Islamic Law on the Psychological Impact of Child Marriage Siregar, Liska Sari
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 2, No 2 (2024)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v2i2.13440

Abstract

There are many incidents when a child who is still very excited at a young age is forced to carry out a marriage due to various existing factors. For example, minimal knowledge, low economy, accidents (pregnant out of wedlock), to customs that have become family guidelines that must be applied to family members. In the findings of researchers in Simo Mulyo Baru village, Surabaya, there were 3 children who experienced this with various different factors. The results show that the psychological impact that appears on the marriage of a child varies, such as uncontrollable emotions, lack of understanding and understanding as a wife, lack of knowledge about household knowledge. From SH who has minimal knowledge and customs that forced him to get married. SH, who was still very young, also experienced this because the economy of both his parents was low and the customs that had bound his family members. Then SA had to get married because something unexpected happened, namely getting pregnant out of wedlock so that she experienced a very heavy psychological impact not being in the household such as frequent fights, uncontrollable emotions and lack of understanding of what a wife should do for her family.
KONSEPSI HUKUM PERDATA INTERNASIONAL DALAM HAK PENGANGKATAN ANAK DI INDONESIA Iffan, Ahmad
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 1, No 2 (2023)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v1i2.10512

Abstract

Child adoption is one of the ways that some families want to complete their families. In international adoption there are two global international conventions on child adoption, namely The Hague Convention on the Protection of Children and Co-operation in Respect of Inter-Country Adoption 1993 (The Hague Convention 1993) and The Hague Convention on the Juridiction and Applicable Law and Recognition of Decrees Relating to Adoption 1965 (The Hague Convention 1965). There are legal consequences in the legal consequences of international child adoption on the adopted child, namely legal consequences on the legal relationship between adopted children, legal consequences on alimony rights and legal consequences on inheritance and guardianship rights. the conception of child adoption by hpi is also refined by the provisions contained in civil law and Islamic law regarding child adoption. 
Etika Pemerintahan Berbasis Fiqih Siyasah Di Era Digital Mustafid, Mustafid
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 2, No 1 (2024)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v2i1.11025

Abstract

This study examines government ethics based on fiqih siyasah in the digital era. The type of research is library research with a qualitative approach, primary data sources from fiqh siyasah, and secondary data from books, journal articles, and so on. Data collection techniques used the documentation method, then analyzed using descriptive qualitative techniques. The result of this research is that technological developments are so rapid and impact social and political life that it is necessary to apply the principles of siyasa fiqh to create an Islamic government ethic. To get there, it is necessary to have an ethical government based on fiqih siyasah in the digital era, namely by implementing: Islamic principles, using technology by Islamic values, data security and privacy, transparency and public participation, public services, collaboration and consultation with Islamic scholars. It will impact government, namely being able to create governance that is more just, fair, and by Islamic religious values, and can improve the quality of public services and community involvement in the decision-making process.
CARI PARANDUAK DALAM PERSPEKTIF HUKUM ISLAM (Sebuah Tradisi di Kabupaten Solok Sumatera Barat) Sobhan, Sobhan; Hamro, Ustini
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 1, No 2 (2023)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v1i2.9645

Abstract

Another fish is different, according to a quote from an Indonesian proverb that describes the diversity of tribes and customs in society. In the hundreds of ethnic groups in Indonesia, of course, there are as many customs; some have a correlation with one another, and some do not correlate at all. Some even tend to conflict with each other. In this regard, this article will try to explain the existence of the Cari Paranduak tradition of the community in Nagari Sungai Nanam, Solok Regency, which is a cultural treasure of the nation and deserves to be known, as well as look at it from the perspective of Islamic law. This research is qualitative research by collecting data from the field and in-depth interviews with informants. The informants for this research were five Datuak Nagari Sungai Nanam people. Those were selected using a purposive sampling technique. This research will explain the origins of the cari paranduak tradition in Nagari Sungai Nanam, its implementation, and the view of Islamic law towards the cari paranduak tradition in Nagari Sungai Nanam, Solok Regency. Based on the research results, it has implications for strengthening Minangkabau customs with the ABS-SBK philosophy (Adat Basandi Syarak, Syarak Basandi Kitabullah), in all matters, especially in the Cari Paranduak tradition.
TALA’AH AYAT HUKUM DAN HADIST TENTANG PEREMPUAN-PEREMPUAN YANG HARAM DINIKAHI SERTA PROBLEMATIKANYA DALAM TATANAN HUKUM INDONESIA Firmansyah, Firmansyah
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 1, No 2 (2023)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v1i2.10475

Abstract

In Islamic law, there are 16 women who cannot be married (Haram) because of the woman herself or her lineage, or relationship due to marriage with father or mother, sexual relations/or because of family reasons. Your mothers; your daughters; your sisters, your father's sisters; your mother's sisters; the daughters of your male brothers; the daughters of your sisters; your mothers who breastfed you; half-brother; your wife's mothers (in-laws); your wife's children who are in your care from the wife you have mixed with, but if you have not mixed with your wife (and you have divorced), then it is not a sin for you to marry her; (and forbidden to you) the wives of your biological children (daughters-in-law); and bringing together (in marriage) two women who are sisters, except what has happened in the past.
Initiating Equal Distribution of Inheritance: An Innovation in Islamic Inheritance Law in the Modern Era Efendi, Zulfan; Siregar, Nurma Harana Mora
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 1 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i1.15690

Abstract

This article explores the concept of equal distribution of inheritance within Islamic inheritance law in the contemporary context, presenting it as a remedy for the injustices frequently faced by women and as a way to resolve disputes that often occur among heirs due to differing views on asset distribution. The research background highlights traditional rules that grant larger shares to men, along with the associated social and economic consequences. The study utilizes a library research method with a qualitative approach, examining relevant literature to grasp the idea of equal inheritance distribution. The findings suggest that equal inheritance distribution can foster gender equality and improve women's status in society. This method is anticipated to mitigate family disputes and foster a more harmonious atmosphere. Nevertheless, obstacles such as cultural traditions and insufficient public awareness of Islamic inheritance law persist in hindering its application. The article underscores the significance of dialogue and consensus among heirs to achieve an equitable distribution that adheres to Sharia principles, ultimately contributing to a more just and prosperous society.

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